Hershel Goldman: Difference between revisions
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Dr. '''{{FULLPAGENAME}}''', {{BSc}}, {{MBBS}}, {{FRACGP}}, is a [[Circumcised doctors| circumcised doctor]], general practitioner, and Jewish ''[[mohel]]'' who practises medicine in Melbourne, {{AUSC|VIC}}, [[Australia]]. The ''Daily Mail'' reports that the [https://www.medicalboard.gov.au Medical Board of Australia] has banned him from performing [[circumcision]] after he amputated the [[penis]]es of two boys while performing [[Brit Milah|ritual circumcisions]] in homes, although he may continue to practise medicine.<ref name="dailymail2024">{{REFnews | Dr. '''{{FULLPAGENAME}}''', {{BSc}}, {{MBBS}}, {{FRACGP}}, is a [[Circumcised doctors| circumcised doctor]], general practitioner, and Jewish ''[[mohel]]'' who practises medicine in Melbourne, {{AUSC|VIC}}, [[Australia]]. Dr. Goldman claims to have [[Brit Milah| ritually circumcised]] more than 5,000 boys since he qualified as a ''mohel'' in the mid-1980s.<ref>{{REFnews | ||
|title=Why this GP trained to become a ritual circumciser | |||
|url=https://www.ausdoc.com.au/news/why-gp-trained-become-ritual-circumciser/ | |||
|last=O'Rourke | |||
|first=Geir | |||
|publisher=Australian Doctor | |||
|website= | |||
|date=2020-10-29 | |||
|accessdate=2024-05-30 | |||
|format= | |||
|quote=There has been a long and heated debate over whether infant ritual circumcision has any place in modern society — let alone government funding through Medicare. There is the issue of consent, for one. | |||
}}</ref> | |||
== Penis amputation == | |||
The ''Daily Mail'' reports that the [https://www.medicalboard.gov.au Medical Board of Australia] has banned him from performing [[circumcision]] after he amputated the [[penis]]es of two boys while performing [[Brit Milah|ritual circumcisions]] in homes, although he may continue to practise medicine.<ref name="dailymail2024">{{REFnews | |||
|title=Top circumcision doctor is banned from performing the operations after amputating two little boys' penises, tribunal hears | |title=Top circumcision doctor is banned from performing the operations after amputating two little boys' penises, tribunal hears | ||
|url=https://www.dailymail.co.uk/news/article-13455661/Circumcision-doctor-Hershel-Goldman-fighting-ban.html | |url=https://www.dailymail.co.uk/news/article-13455661/Circumcision-doctor-Hershel-Goldman-fighting-ban.html | ||
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}}</ref> Dr. Goldman's websites where he promoted unnecessary non-therapeutic [[circumcision]] have suspended operation. | }}</ref> Dr. Goldman's websites where he promoted unnecessary non-therapeutic [[circumcision]] have suspended operation. | ||
Dr. Goldman has filed an appeal with the [https://www.vcat.vic.gov.au/ Victorian Civil and Administrative Tribunal (VCAT)], where a hearing was held on Thursday, 23 May 2024.<ref name="dailymail2024"/> | Dr. Goldman has filed an appeal with the [https://www.vcat.vic.gov.au/ Victorian Civil and Administrative Tribunal (VCAT)], where a hearing was held on Thursday, 23 May 2024.<ref name="dailymail2024"/> The VCAT, however, has rejected his request to overturn the decision of the Medical Board of Australia that prohibits him from performing circumcision.<ref>{{REFnews | ||
|title=GP accused of amputating baby’s penis in ritual circumcision fails to overturn emergency ban | |||
|url=https://www.ausdoc.com.au/news/gp-accused-of-amputating-babys-penis-in-ritual-circumcision-fails-to-overturn-emergency-ban/ | |||
|last=Saxena | |||
|first=Heather | |||
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|publisher=Australian Doctor | |||
|website= | |||
|date=2014-06-13 | |||
|accessdate=2014-06-15 | |||
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}}</ref> <ref>{{REFnews | |||
|title=Circumcision doctor banned after ‘full amputation’ of boy’s penis | |||
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|publisher=Sydney Herald Sun | |||
|website= | |||
|date=2024-12-13 | |||
|season= | |||
|accessdate=2024-12-15 | |||
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}}</ref> | |||
Dr. Goldman had previously been charged with Medicare fraud regarding non-therapeutic circumcision of boys. | Dr. Goldman had previously been charged with Medicare fraud regarding non-therapeutic circumcision of boys. | ||
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}}</ref> | }}</ref> | ||
[https://www.amawa.com.au/news/mark-duncan-smith-elected-as-new-president-of-ama-wa/ Dr Mark Duncan-Smith], the president of the AMA (WA), issued a warning to parents on 10 December 2021 regarding non-therapeutic child [[circumcision]]. Dr. Duncan-Smith said parents should only "follow through with the procedure if there is a valid medical reason." According to Dr Duncan-Smith only about ten percent of boys in Western Australia are now being [[circumcised]].<ref>{{REFnews | [https://www.amawa.com.au/news/mark-duncan-smith-elected-as-new-president-of-ama-wa/ Dr Mark Duncan-Smith], the president of the AMA (WA), issued a warning to parents on 10 December 2021 regarding non-therapeutic child [[circumcision]]. Dr. Duncan-Smith said parents should only "follow through with the procedure if there is a valid medical reason." According to Dr Duncan-Smith, only about ten percent of boys in Western Australia are now being [[circumcised]].<ref>{{REFnews | ||
|url=https://www.dailymail.co.uk/news/article-10293843/Circumcision-warning-two-year-old-dies-brother-bleeds-Western-Australia.html | |url=https://www.dailymail.co.uk/news/article-10293843/Circumcision-warning-two-year-old-dies-brother-bleeds-Western-Australia.html | ||
|title=Parents are warned against circumcising their children after a toddler, 2, died 'of a reaction to anaesthetic' and his baby brother almost bled out | |title=Parents are warned against circumcising their children after a toddler, 2, died 'of a reaction to anaesthetic' and his baby brother almost bled out | ||
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|accessdate=2024-05-25 | |accessdate=2024-05-25 | ||
}}</ref> | }}</ref> | ||
== Potential civil and criminal liability == | == Potential civil and criminal liability == | ||
It is not clear what additional civil and/or criminal penalties Dr. Goldman may face. | It is not clear what additional civil and/or criminal penalties Dr. Goldman may face. | ||
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}}</ref> Professor Turner cited Marion's case, the 1992 [https://www.hcourt.gov.au/ High Court of Australia] case regarding parental consent.<ref>[https://www.globalhealthrights.org/wp-content/uploads/2013/02/HC-1992-Marions-Case.pdf Department of Health & Community Services v JWB & SMB] (“Marion’s Case”) (1992) 175 CLR 218; [1992] HCA 15</ref> | }}</ref> Professor Turner cited Marion's case, the 1992 [https://www.hcourt.gov.au/ High Court of Australia] case regarding parental consent.<ref>[https://www.globalhealthrights.org/wp-content/uploads/2013/02/HC-1992-Marions-Case.pdf Department of Health & Community Services v JWB & SMB] (“Marion’s Case”) (1992) 175 CLR 218; [1992] HCA 15</ref> | ||
Boyle et al. (2000) suggested that [[circumcision]] of incompetent minors may constitute criminal assault. They also suggested that civil liability may apply and cited cases in which damages were obtained for circumcision.<ref> | Boyle et al. (2000) suggested that [[circumcision]] of incompetent minors may constitute criminal assault. They also suggested that civil liability may apply and cited cases in which damages were obtained for circumcision.<ref>{{BoyleGJ SvobodaJS PriceCP TurnerJN 2000}}</ref> | ||
=== Potential civil liability === | === Potential civil liability === | ||
The guardians of the mutilated boys are likely to | The guardians of the mutilated boys are likely to seek compensation for their son's injuries. | ||
In a previous case, a Perth man received $360,000 in money damages from a doctor who mutilated his penis.<ref>{{REFnews | In a previous case, a Perth man received $360,000 in money damages from a doctor who mutilated his [[penis]].<ref>{{REFnews | ||
|title=Press Release Regarding Shane Peterson’s Victory in Australian Circumcision Case | |title=Press Release Regarding Shane Peterson’s Victory in Australian Circumcision Case | ||
|url=https://www.arclaw.org/press-releases/press-release-regarding-shane-petersons-victory-in-australian-circumcision-case | |url=https://www.arclaw.org/press-releases/press-release-regarding-shane-petersons-victory-in-australian-circumcision-case | ||
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|website=https://www.arclaw.org | |website=https://www.arclaw.org | ||
|date=2000-01-01 | |date=2000-01-01 | ||
|accessdate=2024-05-28 | |||
|format= | |||
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}}</ref> | |||
In an American case in 2010, a court awarded $10.8 million in damages after an infant lost the [[Glans penis| head]] of his [[penis]].<ref>{{REFnews | |||
|title=Atlanta lawyer wins $11 million lawsuit for family in botched circumcision | |||
|url=https://www.ajc.com/news/national/atlanta-lawyer-wins-million-lawsuit-for-family-botched-circumcision/P9Jewrh4v1GWStqGyfejiP/ | |||
|last=Tagami | |||
|first=Ty | |||
|init= | |||
|author-link= | |||
|publisher=Atlanta Journl-Constitution | |||
|website=https://www.ajc.com/ | |||
|date=2010-07-10 | |||
|accessdate=2024-05-28 | |accessdate=2024-05-28 | ||
|format= | |format= | ||
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* [[David Reimer]] | * [[David Reimer]] | ||
* [[Jean-Marie Huot]] | * [[Jean-Marie Huot]] | ||
* [[Northside Hospital]] | |||
* [[Shane Peterson]] | |||
* [[Australia]] | * [[Australia]] | ||